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Judicial Branch

Judicial Branch. The Supreme Court and other Federal Courts. Video Presentation. Take notes on Chapter 9 Notes Paper 12.12.05 – Video – The Supreme Court

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Judicial Branch

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  1. Judicial Branch The Supreme Court and other Federal Courts

  2. Video Presentation • Take notes on Chapter 9 Notes Paper • 12.12.05 – Video – The Supreme Court • Our Federal Government: The Supreme Court. Rainbow Educational Media. 2004. unitedstreaming. 11 December 2005 <http://www.unitedstreaming.com/>

  3. Look at your notes • BACK of (blue) Powers of the President Notes we took on Friday • as information is given, ADD details • At the end of this lecture, your notes should look something like the following slide:

  4. United States Supreme Court (TOP of Judicial Systems) 9 Judges Only 1% of all cases filed are heard Each attorney 30 minutes to be heard (3 lights) Judges may interrupt with questions. StateLawFederalLaw rob Gerard's Market rob a bank StateSupremeCourtAppellateCourts (San Fran., LA & Sacramento) (Pasadena & San Francisco) 7 judges Appellate Court Federal District Courts (higher court in State system) (Riverside, Los Angeles) EXAMPLE! 12 Districts – each has Appellate Court 5000 – 7000 cases (70 to 80 herd in one year) Criminal Law – (guilty beyond a reasonable doubt) Civil Law – preponderance of the evidence Can appeal to = District or Municipal Courts (local or county level) Jury Duty ONE day or ONE trial $15.00 per day + mileage List from driver’s license or voter’s registration

  5. There are TWO legal systems • State system of laws and courts • Federal system of laws and courts

  6. United States Supreme Court (TOP of Judicial Systems) …….. StateLawFederalLaw rob Gerard's Market rob a bank StateSupremeCourtAppellateCourts (San Fran., LA & Sacramento) (Pasadena & San Francisco) 7 judges Appellate Court Federal District Courts (higher court in State system) (Riverside, Los Angeles) District or Municipal Courts (local or county level)

  7. FEDERAL system • The country is broken up into districts • Each district has many courts. • District and Appellate courts located in large metropolitan areas (CITIES) • Some courts meet in more than one building – travel around the district.

  8. Geographic Boundaries of United States Courts of Appeals and United States District Courts

  9. Alaska Bankruptcy Court Alaska District Court Arizona Bankruptcy Court Arizona District Court Bankruptcy Appellate Panel of theNinth Circuit California Central Bankruptcy Court California Central District Court California Eastern Bankruptcy Court California Eastern District Court California Eastern Probation Office California Northern BankruptcyCourt California Northern District Court California Southern Bankruptcy Court California Southern District Court California Southern Pretrial Services California Southern Probation Office Court of Appeals Guam District Court Hawaii Bankruptcy Court Hawaii District Court Idaho Bankruptcy/District Court Montana Bankruptcy Court Montana District Court Nevada Bankruptcy Court Nevada District Court Northern Mariana Islands District Court Office of the Circuit Executive Oregon Bankruptcy Court Oregon District Court Washington Eastern Bankruptcy Court Washington Eastern District Court Washington Western Bankruptcy Court Washington Western District Court Ninth Circuit

  10. Supreme Court • TOP of judicial Systems BOTH State and Federal • Deals with • constitutional issues, • disputes between states and • disputes between state and Federal governments/laws

  11. How does the Supreme Court Work? • The Supreme Court has developed many procedures to help it interpret the Constitution and handle the many cases that come before it each year. • Some of those procedures are described in the next few slides.

  12. When is the Supreme Court in Session? • The Court hears arguments three days a week for fourteen weeks from October to April or May. • On other days, the Justices review cases, meet, and work on opinions. • Before each conference and each public session of the Court, all the Justices shake hands.

  13. What kind of cases are heard by the Supreme Court? • The Court is asked to review about 5,000 cases a year but turns down most requests. • Take 70 to 80 cases = 1% of the cases filed are actually heard • Only four of the nine Justices need to agree to hear a case.

  14. After they decide to hear a case, then what happens? • Once the Justices agree to hear a case, the clerk schedules a date for oral arguments. • That date is usually about 90 days in the future. • Each side has 45 days to hand in a brief that explains its legal position. • By Court rules, the main brief in a case can be no longer than 50 pages. • Rules also specify the color of the brief's cover. The color shows which side of the case the brief represents.

  15. So, what happens when the case is heard? • Each side has 30 minutes to make oral arguments. Those 30 minutes include time for the Justices to ask questions (sometimes up to 25 or 30 questions and sometimes RUDE to each other). • Lights indicate when to speak, when time is nearly up, and when to STOP! • Appellant argues 1st, and can do a rebuttal • The public can get tickets to watch • Court convenes at 10:00 AM

  16. How do the Justices make a decision about the case? • The Justices meet to discuss cases once or twice a week. • Any Justice can request that a particular case be discussed. • Conferences are secret, with only the Justices present. • In conferences, the Justices discuss a case and then vote on it. • A majority vote decides the case. • One Justice is given the task of writing an opinion, which explains the legal reason for the decision.

  17. Once an opinion is drafted, it is sent to all the Justices who agreed. • They give comments to the writing Justice, who then revises the opinion and sends it back. • The writing Justice may have to change the opinion in major ways in order to keep themajority happy. • In some cases, Justices have been so upset by an opinion that they have changed their side on the issue, forcing a new vote on the case.

  18. continued . . . . . • Justices may agree with the majority decision but for different legal reasons. • They may choose to write a concurring opinion. • Justices who disagree with the majority decision can write a dissenting opinion. • The famous Dred Scott decision of 1857 had nine different opinions—some in favor and some opposed—from the nine Justices.

  19. continued . . . . . • From a week to six months can pass from the day the decision is made to the announcement of the decision. It depends on how important and how controversial the case is. • The Court's rulings are delivered aloud by the Justice who wrote the majority opinion. • Dissenting Justices may also deliver their opinions aloud. • Usually, Justices simply speak a summary; the full opinion is given in writing.

  20. Before each conference and each public session of the Court, all the Justices shake hands.

  21. 1972 - Klamath Project: Stores water & then releases it to farmers during summer growing season. (1972 drought) • Fish & Wildlife (executive dept. INTERIOR) said release no more H2O. • Farmers collectively sued to have water released • asked gov't. to change biological standards so reservoirs can be lower during drought periods. • Won in lower court, (gov't. represented by lawyers ) • Lost in appellate court, (from the Justice Department) • filed in Supreme Court - heard because of split in circuits

  22. Proof of Guilt • Criminal cases: • prosecution must prove guilt - • BEYOND A REASONABLE DOUBT • Civil cases: • prosecution must prove guilt - • PREPONDERANCE OF THE EVIDENCE

  23. United States Supreme Court (TOP of Judicial Systems) 9 Judges Only 1% of all cases filed are heard Each attorney 30 minutes to be heard (3 lights) Judges may interrupt with questions. StateLawFederalLaw rob Gerrards Market rob a bank StateSupremeCourtAppellateCourts (San Fran., LA & Sacramento) (Pasadena & San Francisco) 7 judges Appellate Court Federal District Courts (higher court in State system) (Riverside, Los Angeles) 12 Districts – each has Appellate Court 5000 – 7000 cases (70 to 80 herd in one year) Criminal Law – (guilty beyond a reasonable doubt) Civil Law – preponderance of the evidence Can appeal to = District or Municipal Courts (local or county level) Jury Duty ONE day or ONE trial $15.00 per day + mileage List from driver’s license or voter’s registration

  24. Jury Duty • Citizens have right to Jury of Peers • MUST serve when called • After 1st day – compensated • $15.00 per day (Change Your Notes!!!) plus • Mileage • Get jurors names from • driver’s license or • voter registration. • More about this later

  25. End of Notes for Today • Review all of your notes tonight as homework

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